OSHA Inspection: SEELOW CONCRETE & BOBCAT SERVICES LLC

Issued

Sep 5, 2023

Abate by

Nov 30, 2023

Penalty

Initial $3,349 · Current $1,675 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(c)(1):  In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use. The employer shall include in the program the following provisions of this section, as applicable:  (Construction Reference: 1926.103)  On May 23, 2023, at a worksite located in front of 1360 S. Commercial Street in Neenah, WI; the employer did not establish or implement a written respiratory protection program when respirators use by employees was necessary to protect the health of employees from airborne respirable crystalline silica during concrete cutting with a handheld powered saw.  All provisions of 29 CFR 1910.134(c) through (m) must be covered in a written respiratory protection program. Key elements include, but are not limited to the following:  1) Written program 2) Respirator selection and changeout schedules 3) Medical evaluations for respirator use 4) Fit testing 5) Training on use, limitations, maintenance/care, and storage of respirators 6) Program evaluation 7) Recordkeeping

Issued

Sep 5, 2023

Abate by

Nov 30, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(d)(1)(i):  The employer shall select and provide an appropriate respirator based on the respiratory hazard(s) to which the worker is exposed and workplace and user factors that affect respirator performance and reliability:  (Construction Reference: 1926.103)  On May 23, 2023, at a worksite located in front of 1360 S. Commercial Street in Neenah, WI; the employer did provide an appropriate respirator based on the respiratory hazards to which an employee was exposed. Table 1 of 29 CFR 1926.1153, the standard for Respirable Crystalline Silica in construction required employees be provided with a respirator with an assigned protection factor (APF) of at least 10 when cutting concrete with a handheld powered saw.

Issued

Sep 5, 2023

Abate by

Nov 30, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(e)(1)(ii): Respiratory protection was not provided for tasks not listed in Table 1, or where the employer did not fully and properly implement the engineering controls, work practices, and respiratory protection described in Table 1:   On May 23, 2023, at a worksite located in front of 1360 S. Commercial Street in Neenah, WI; the employer did not provide employees with a respirator when they were exposed to airborne respirable crystalline silica during concrete cutting with a handheld powered saw, and those employees had not utilized the integrated water delivery system on the Stihl Cutquick Cut-Off Machine (Model TS-410).

Issued

Sep 5, 2023

Abate by

Nov 30, 2023

Penalty

Initial $3,349 · Current $1,675 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1200(e)(1): Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes the following: (Construction Reference: 1926.59)  On May 23, 2023, at a worksite located in front of 1360 S. Commercial Street in Neenah, WI; the employer did not develop or implement a written hazard communication program when employees worked with hazardous chemicals such as, but not limited airborne respirable crystalline silica during concrete cutting with a handheld powered saw and gasoline.  All provisions of 29 CFR 1910.1200(e) through (h) must be covered in a written hazard communication program. Key elements include, but are not limited to the following:  1) Written program 2) List of workplace chemicals 3) Collection of SDS 4) Container labeling 5) Employee information and training

Issued

Sep 5, 2023

Abate by

Nov 30, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 13409000

General-duty citation text

29 CFR  1910.1200(g)(8):  The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.):  (Construction Reference: 1926.59)  On May 23, 2023, at a worksite located in front of 1360 S. Commercial Street in Neenah, WI; the employer did not maintain copies of required safety data sheet (SDS) for each hazardous chemical and did not ensure that they were readily accessible when employees worked with airborne respirable crystalline silica and gasoline for a handheld powered saw.

Issued

Sep 5, 2023

Abate by

Nov 30, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 13409000

General-duty citation text

29 CFR  1910.1200(h)(1):  Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets:  (Construction Reference: 1926.59)  On May 23, 2023, at a worksite located in front of 1360 S. Commercial Street in Neenah, WI; the employer did not provide an employee with effective information on hazardous chemicals in their work areas at the time of their initial assignment. An employee working with gasoline and exposed to airborne respirable crystalline silica during concrete cutting with a handheld powered saw was not informed of the physical and health hazards of the chemicals they worked with, the requirements of this section, methods/observations they may use to detect the presence of a hazardous chemical, or the protective measures (controls, work practices, and PPE) necessary to protect them from those hazardous chemicals.

Issued

Sep 5, 2023

Abate by

Nov 30, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(i)(1):  The employer shall include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200). The employer shall ensure that each employee has access to labels on containers of crystalline silica and safety data sheets, and is trained in accordance with the provisions of HCS and paragraph (i)(2) of this section. The employer shall ensure that at least the following hazards are addressed: Cancer, lung effects, immune system effects, and kidney effects:   On May 23, 2023, at a worksite located in front of 1360 S. Commercial Street in Neenah, WI; the employer did not have a hazard communication program and did not provide access to SDS for respirable crystalline silica from concrete cutting. The employer did not provide training to employees on the health hazards of cancer, lung effect, immune system effects, and kidney effects related to exposure to respirable crystalline silica produced during concrete cutting with a handheld powered saw.

Issued

Sep 5, 2023

Abate by

Nov 30, 2023

Penalty

Initial $4,688 · Current $2,302 Reduced

General-duty citation text

29 CFR  1926.21(b)(2): The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.  On May 23, 2023, at a worksite located in front of 1360 S. Commercial Street in Neenah, WI; the employer did not instruct an employee in the recognition and avoidance of unsafe conditions and the regulations to control or eliminate any hazards or other exposure to illness or injury. The employee was not instructed to recognize and avoid hazards such as, but not limited to eye injuries from flying particulate generated during powered saw cutting and demolition of concrete.

Issued

Sep 5, 2023

Abate by

Nov 30, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.102(a)(1): The employer shall ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.  On May 23, 2023, at a worksite located in front of 1360 S. Commercial Street in Neenah, WI; the employer did not ensure employees wore impact resistant safety glasses to protect from eye injuries from flying particulate generated during powered saw cutting and demolition of concrete.

Issued

Sep 5, 2023

Abate by

Nov 30, 2023

Penalty

Initial $3,349 · Current $1,675 Reduced

General-duty citation text

29 CFR  1926.200(g)(1):  Construction areas shall be posted with legible traffic signs at points of hazard:  On May 23, 2023, at a worksite located in front of 1360 S. Commercial Street in Neenah, WI; the employer did not post traffic control signs to protect employees working on the sidewalk, working partially in the street and crossing the street during construction activities.

Issued

Sep 5, 2023

Abate by

Nov 30, 2023

Penalty

Initial $3,349 · Current $1,675 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(c)(1):  For each employee engaged in a task identified on Table 1, the employer shall fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1, unless the employer assesses and limits the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section:  On May 23, 2023, at a worksite located in front of 1360 S. Commercial Street in Neenah, WI; the employer did not fully and properly implement the engineering controls, work practices, and respiratory protection specified for utilizing handheld power saws (any blade diameter) to cut concrete. The employer did not assess the exposure of an employee to respirable crystalline silica in accordance with paragraph (d) of this section.

Issued

Sep 5, 2023

Abate by

Nov 30, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(d)(2)(i):  The employer shall assess the exposure of each employee who is or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in paragraph (d)(2)(ii) or the scheduled monitoring option in paragraph (d)(2)(iii) of this section:  On May 23, 2023, at a worksite located in front of 1360 S. Commercial Street in Neenah, WI; the employer did not assess the exposure of each employee who was or may have been reasonably expected to be exposed to respirable crystalline silica at or above the action level. The employer did not assess the employee's exposures based on air monitoring or objective data when an employee was assisting while concrete was cut with a handheld power saw.